GAHC010181672025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4692/2025

RANZUARA BEGUM AND 3 ORS

W/O GIYASUDDIN AHMED, R/O VILL- HOWLY MOHANPUR, P.O.- MOWLY

MOHANPUR, P.S.- MANGALDAI, DIST- DARRANG, ASSAM, PIN-784529

2: TAFAZUL HOQUE

S/O TAIJUDDIN AHMED

R/O VILL- KANIACHUBA P.O.- MOWLY MOHANPUR

P.S.- MANGALDAI

DIST- DARRANG

ASSAM

PIN-784529

3: JUMI ARA BEGUM

W/O SARIFUL HOQUE

R/O VILL- MOLLAPARA

P.O.- MOWLY MOHANPUR

P.S.- MANGALDAI

DIST- DARRANG

ASSAM

PIN-784529

4: PAPARI BARUA

W/O PRABHAT BARUA

R/O NO. 2 BEZPARA

P.O.- MOWLY MOHANPUR

P.S.- MANGALDAI

DIST- DARRANG

ASSAM

PIN-784529

5: DIPANKAR HAZARIKA

S/O DINESHWAR HAZARIKA

R/O NO. 2 BEZPARA

P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-78452 VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006

2:THE DISTRICT COMMISSIONER DARRANG MANGALDAI DIST- DARRANG ASSAM PIN-784125

3:THE CIRCLE OFFICER PUB MANGALDOI REVENUE CIRCLE P.O. AND P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784125

4:FARUK HUSSAIN LAT MANDAL PUB MANGALDOI REV. CIRCLE R/O VILL- HOWLY MOHANPUR P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529

5:THE SECREATARY NAGARBAHI GAON PANCHAYAT P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529

6:FAIZUR RAHMAN S/O NUR UDDIN AHMED R/O VILL- MOLLAPARA P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529

7:MIRA DEKA W/O SHRI BIJOY DEKA R/O VILL- HOWLY MOHANPUR P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529

8:GAYATRI DEVI W/O SHRI BISWAJIT THAKURIA R/O VILL- HOWLY MOHANPUR P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529

9:BISWAJIT HAZARIKA S/O LATE CHANDA HAZARIKA R/O VILL- ARENG P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-784529

10:MARZIN ARA KHANAM W/O ANOWAR HUSSAIN R/O VILL- HENGRAJHAR P.O.- MOWLY MOHANPUR P.S.- MANGALDAI DIST- DARRANG ASSAM PIN-78452 Advocate for the Petitioner : MR J ABEDIN, MR M Z RAHMAN,MR. K I MAZUMDER Advocate for the Respondent : SC, P AND R.D., MS. J GAYAN(R-4),MR. S BORTHAKUR (R-

4),MR N BARUAH (R-6 TO 10),MRS M D CHOWDHURY (R-6 TO 10),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 10-12-2025 Heard Mr. J. Abedin, learned counsel for the petitioners. Also heard Mr. K. Konwar, learned standing counsel, P&RD Department, Assam appearing for the respondent Nos. 1 & 5, Mr. J. Handique, learned standing counsel, Revenue for the respondent Nos. 2 & 3, Mr. S. Borthakur, learned counsel for the respondent No. 4 and Ms. M.D. Choudhury, learned counsel appearing for the respondent Nos. 6 to 10.

2. The petitioner in the present proceeding has put to challenge a resolution dated 10-07-2025 adopted by the Nagarbahi Gaon Panchayat towards electing the respondent Nos. 9 & 10 as the President and the Vice President of the Gaon Panchayat in a meeting for the purpose conducted by the respondent No. 3, who was authorised for the purpose by the District Commissioner, Darrang, Mangaldai for the purpose.

3. The petitioners in the writ petition have contended that the election of the President and the Vice President of the Nagarbahi Gaon Panchayat stood vitiated on the ground that the respondent No. 3 who was the authorized officer, had involved in the process of the said election an unauthorized person. i.e. the respondent No. 4, who was the Lat Mandal of the area. The petitioners project that the objections raised by them with regard to the presence of the Lat Mandal was not entertained by the respondent No. 3. The learned counsel for the respondent Nos. 9 and 10 had categorically denied the contentions raised by the petitioner in the matter and has submitted that the election was held in a fair manner and it is only after the petitioner Nos. 3 & 4 failed to garner the requisite number of votes in the election, that they have instituted the present proceeding leveling vague allegations.

4. The